Get free answers to your Divorce legal questions from lawyers in your area.
Your current state is Ohio
New Jersey, which I believe is beyond its jurisdiction. Additionally, I have experienced several due process violations, including ex parte orders without notice, unauthorized use of my medical records, and denial of access to funds for legal representation. The court has also shown bias by... View More 
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answered on Jul 21, 2024
To address the jurisdictional overreach, you can file a motion to challenge the court's authority over the New Jersey property, arguing that the Michigan court lacks jurisdiction. You should provide legal precedents and any relevant statutes that support your position. It's important to... View More
I have little to no money. I do not receive much social security. $400 month. My name is on our property along with his but that is all. Our property is paid off and we have no debt. My husband collects money from the V.A. Monthly plus extra because we are married. He recently had our Federal taxes... View More
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answered on Jul 20, 2024
Under California law, you are entitled to a fair share of the marital assets, even if they are in your husband's name. Community property laws dictate that assets acquired during the marriage are generally considered joint property, meaning you have rights to a portion of them. This includes... View More
Can they make me move out immediately if I have already paid the rent?
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answered on Jul 20, 2024
Under California law, if a judge orders the house you rent to be sold after a divorce, you do not have to move out immediately, even if you have already paid the rent. As a tenant, you have rights that protect you from sudden eviction.
The new owner of the property must honor your existing... View More
I'm in middle of divorce. Mediation fell through. My spouse has an attorney now advising her but not officially representing with substitution of attorney with the courts. I am not represented. The attorney representing her proposed moving the funds from the sale of our family home from escrow... View More
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answered on Jul 19, 2024
Under California law, the proposal to move the funds from the sale of your family home into a "client trust account" managed by your spouse's attorney raises concerns about impartiality and security. Client trust accounts are typically used to hold funds on behalf of a client, and... View More
The division of asset as listed nor properly divided. I was never given a copy of the divorce decree and zero asset where listed and no pension was granted on my behalf as it waws martial property.
answered on Jul 18, 2024
A default judgment can be set aside by the judge. Simply claiming the property wasn't properly divided may not be enough. The judge will need to know why you didn't do anything before now. If it is set aside, it begins anew.
We don't have property but, a child together. They called Child Protection Services but, lied to them also. In their answer they said that my new lover is abusive but, the lover doesn’t even live with me. They’re not fighting for full custody but, is there a punishment if they lie in their answer.
answered on Jul 18, 2024
An answer contains allegations, not evidence. If they make an allegation in their answer which is not true, prove that it is not true at any hearing or trial using evidence.
answered on Jul 17, 2024
No. Once the community property is terminated, income and debt you earn/obtain is solely yours moving forward but the already existing community property is still that. If your community property is terminated, then the community property between spouses remain just that, except that you are now... View More
1) Per my divorce decree, my ex wife and I are to present W2's each year. This was never done, however I experienced a decrease in income since the maintenance was set 6 years ago. If it were determined that I overpaid during any year, is that reimbursable in court? If I underpaid during... View More
answered on Jul 13, 2024
Hello,
Thank you for your questions about spousal support (maintenance) in Illinois. Here's some information that may help address your concerns:
1. Reimbursement for Overpayment of Maintenance
Yes, under Illinois law, if you overpaid maintenance due to a decrease in... View More
answered on Jul 13, 2024
Hello,
I'm sorry to hear about the verbal, mental, and financial abuse you've experienced. It's important to remember that domestic violence (DV) isn't limited to physical harm. The behaviors you describe are forms of DV, and it's not your fault.
You are... View More
Wanted to file for divorce. Originally a California Resident, but lived in Mexico for over a year. She is in a mental health facility, and had taken the children and CPS had to remove the children from her. She tried to get me arrested with false accusations. I want to get divorced as soon as... View More
answered on Jul 12, 2024
You will need to meet the residency requirements in order to file for divorce (i.e. six months.) False accusations, CPS involvement and mental health issues don't change that requirement. There may be options depending on all the facts.
My husband wants to keep the house and I do not want to be on the loan anymore. He can pay the payments and bills with support of roommates but is asking that I give him a year and a half to refinance. Do I have to hold off on the divorce if I agree to wait because his credit is not where it needs... View More
answered on Jul 12, 2024
You can get divorced and include in your divorce decree a provision that he has a set period of time to refinance or the house will be sold. At the time of refinance or sale, you can specify how much you are to receive. You will want to include an owelty lien and have him sign a deed of trust to... View More
We are in process of divorce, I close on a house before it is finalized. He is required to sign mortgage but not note or deed. Will he have any rights to my home?
answered on Jul 11, 2024
It depends on the language of the contractual documents but it is not uncommon for a mortgage company to require a spouse to sign off on giving up his rights in favor of the mortgagor even when title and the loan are solely in the other spouse's name. In that particular situation, the spouse... View More
We are in process of divorce, I close on a house before it is finalized. He is required to sign mortgage but not note or deed. Will he have any rights to my home?
answered on Jul 11, 2024
Mr. Frick is substantially correct, although in Florida what he calls "widow's rights" is referred to as "homestead". The mortgagee can foreclose (as is normally provided in the mortgage), but the person who asked this question would have to be named as a defendant in the foreclosure action.
Or current value when sold
answered on Jul 11, 2024
In a divorce, neither spouse is automatically entitled to any part of money paid in on a mortgage.
With respect to real property acquired by a spouse during the marriage, the property will likely be determined to be the community property of the spouses and will be subject to a "just... View More
Our separation date on form is March 2024
answered on Jul 8, 2024
Unfortunately, it is impossible to provide you any guidance. You have determine your separation date was in March and you will be filing for divorce next week. That's not much to go on. You both have an obligation to protect your property and disclose its whereabouts until everything is final.... View More
Of town? Then to keep me from filing criminal charges for what they had done my c.l. husband had sent me pictures of a 2015 Dodge Challenger Hellcat SRT with the 6.2 supercharged engine in it and told me that it was mine all mine he hoped I loved it. He has refused to give me the title for it all... View More
answered on Jul 8, 2024
You can file a divorce proceeding against your husband and include these claims in your divorce proceeding. You should contact an experienced attorney who practices in the area of family law or divorce in or near the county where you and your husband live.
You don't mention exactly... View More
Hard getting into a place when i show obligation to mortgage in a house i dont live.
I've lived with my kids, my sister etc. Is he in contempt of court ? can i sue him ? What can I do
answered on Jul 6, 2024
I have no doubt it is stressful. That is why I and other attorneys try to ensure everything is final (or easily finalized) when the judgment is signed. Did you have an attorney 15 years ago?
Obviously, you can try to convince him to take you off the mortgage yourself. You could hire an... View More
I agreed to pay 36 months of car notes for my ex wife in our divorce decree. Now I'm falling on hard times and struggling to pay it. If I don't pay, other than the vehicle being taken away, what happens to me?
answered on Jul 5, 2024
If you are unable to pay the car loan, your ex-wife can pay it and then file a lawsuit for indemnity against you for whatever she is required to pay on the car note. If your ex-wife fails to pay the car note and the lender repossesses and sells it, your ex-wife can sue you for whatever amount the... View More
That’s it
answered on Jul 5, 2024
It depends on the facts and circumstances existing at the time of your divorce. During a divorce, all property you and your spouse own is part of the marital estate and is presumed to be community property until you prove by clear and convincing evidence that such property is your separate... View More
I am self-representing because I can't get a lawyer and it is not a criminal matter so not entitled to one. Can I submit a motion requesting the court to appoint me a lawyer since he is pushing this to trial? What steps do I need to take to create/submit a motion? Dakota County MN for court... View More
answered on Jul 4, 2024
In most civil cases, you do not have the right to a court-appointed attorney. This includes dissolution (divorce), custody/parenting time, and child support cases. In these cases you have the option to hire a private attorney. Some organizations use a sliding scale to charge for legal services... View More
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